Any complaint regarding the interpretation or application of the district's student nondiscrimination policy shall be processed in accordance with the following complaint procedures:
1. Any student, parent, or resident of the district complaining of discrimination against a student as described in Policy #411 on the basis of sex, race, color, national origin, ancestry, religion, creed, pregnancy, marital or parental status, sexual orientation, handicap or physical, mental, emotional or learning disability in school programs or activities shall report the complaint in writing to the principal.
2. If the complaint is against a building principal, the complaint shall be reported in writing directly to the District Administrator who shall assign the investigation to a different building principal for initial investigation and other action as provided in paragraph 4.
3. If the complaint is against the District Administrator, the complaint shall be reported in writing directly to the Board which shall assign the investigation to a person of its choosing who shall report his or her findings to the Board, which shall decide the merits of the case, determine the action, if any, to be taken, and report in writing to the complainant.
4. The principal, upon receiving such a written complaint, shall immediately undertake an investigation of the suspected infraction. The principal will review with other appropriate persons, the facts comprising the alleged discrimination. Within 15 days after receiving the complaint, the principal shall decide the merits of the case, determine the action to be taken, if any, and report in writing the findings and the resolution of the case to the complainant.
5. If the complainant is not satisfied with the building principal's decision, he/she may appeal with the decision in writing to the district administrator. Within 15 days, the district administrator will review the case and make a written decision regarding the case. Copies of the written decision shall be mailed or delivered to the complainant and the building principal.
6. If the complainant is dissatisfied with the decision of the district administrator, he/she may appeal the decision in writing to the Board. The Board shall hear the appeal at its next regular meeting, or a special meeting may be called for the purpose of hearing the appeal. The Board shall make its decision in writing within 15 days after the hearing. Copies of the written decision shall be mailed or delivered to the complainant, the principal and the district administrator.
7. If the complainant is dissatisfied with the Board's decision, he/she may within 30 days appeal the decision in writing to the State Superintendent of Public Instruction.
8. Discrimination complaints relating to the identification, evaluation, educational placement or the provision of free appropriate public education of a child with exceptional educational needs shall be processed in accordance with established appeal procedures outlined in the district's special education handbook.
9. Discrimination complaints relating to programs specifically governed by federal law or regulation shall be referred directly to the State Superintendent of Public Instruction.
10. Discrimination complaints based on federal discrimination laws may be referred directly to the Office of Civil Rights or appealed to such agency.
Copies of these complaint procedures shall be included in staff and student handbooks.
LEGAL REF.: Section 118.13 Wisconsin Statutes
PI 9, Wisconsin Administrative Code
Title IX, Education Amendments of 1972
Title VI, Civil Rights Act of 1964
Section 504, Rehabilitation Act of 1973
Americans with Disabilities Act of 1990
Individuals with Disabilities Education Act
Civil Rights Act of 1991
CROSS REF.: Special Education Handbook
APPROVED: July 13, 1989
REVISED: October 13, 1994
APPROVED: November 10, 1994
REVISED: July 8, 1999
APPROVED: August 12, 1999
12/21/2004 pw